77

77 Variation of lump sum compensation because of increased impairment of 51% or more

(1)  The Commissioner must determine an application made under section 76  –

(a) by granting the application; or

(b) by refusing to grant the application.

(2)  The Commissioner, after an application is made under section 76 by a person, may refer to an accredited impairment assessor under section 45 the medical question as to the degree of impairment of the person.

(3)  If it appears to the Commissioner that –

(a) the degree of impairment of a person who has made an application under section 76 is,because of one or more asbestos-related diseases, 51% or more; and

(b) part or all of the degree of impairment of the person is because of a disease ("the secondary disease") that is not the same disease as the disease in relation to which a determination was made under section 70 that compensation was payable to the person –

the Commissioner must, before determining under subsection (1) the application, refer to a medical panel under section 47(3) the question as to whether the secondary disease is an asbestos-related disease.

(4)  The Commissioner must determine in accordance with subsection (1)(a) an application made by a person under section 76 if the person has not received a lump sum equivalent to more than 240 compensation units in accordance with section 73(2) and the Commissioner –

(a) is satisfied, having regard to –

(i) a determination made under section 45(3) by an accredited impairment assessor; or

(ii) a medical certificate given by an accredited impairment assessor –

that the degree of impairment, because of one or more asbestos-related diseases, of the person is 51% or more; and

(b) where subsection (3) applies, receives from a medical panel a determination to the effect that the degree of impairment, because of one or more asbestos-related diseases, of the person is 51% or more.

(5)  Subsection (4) applies to a person in relation to an asbestos-related disease whether or not it is the same disease as the disease in relation to which a determination was made under section 70 that compensation was payable to the person.

(6)  The Commissioner must notify in writing a person in relation to whom a determination is made under subsection (1) of the determination of the Commissioner.

(7)  If –

(a) the Commissioner determines in accordance with subsection (1)(a) an application made under section 76 by a person; and

(b) the person has received an additional amount of compensation by way of lump sum of an amount equivalent to 120 compensation units in accordance with section 75(7)  –

the Commissioner must determine that the person is to be paid an additional amount of compensation by way of a lump sum of an amount equivalent to 120 compensation units.

(8)  If –

(a) the Commissioner determines in accordance with subsection (1)(a) an application made under section 76 by a person; and

(b) the person has not received an additional amount of compensation by way of a lump sum of an amount equivalent to 120 compensation units in accordance with section 75(7)  –

the Commissioner must determine that the person is to be paid an additional amount of compensation by way of a lump sum of an amount equivalent to 240 compensation units.